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(영문) 부산지방법원 2018.05.23 2015나44424
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 65,143,70 on February 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that collects and transports waste, sells fertilizers, and the Defendant is a company that carries on waste collection and disposal, manufactures and produces fertilizers, and wholesale and retail business. The Defendant’s trade name before the change is “C” and its trade name is “D”.

E Co., Ltd. (hereinafter “E”) entered into a contract with the Defendant on June 1, 2010 to sell goods on consignment of the Defendant’s fertilizer produced by the Defendant for three years; hereinafter “instant goods sales contract”).

b. Attached Form

1. As to the sales allowance of the instant goods sales contract, KRW 1,200 in the case of tin disposal fertilizers and by-products composts, and KRW 1,500 in the case of by-products composts, and the Defendant determined that the goods are above and transported, and E are subordinate and managed. On the other hand, the purchase cost of splates used as fertilizer transportation equipment shall be borne by E, and the KPP set shall be borne by E only for the case released, and the KP set shall be refunded within the speed of time on January 13, 201 (Article 6 of the instant goods sales contract). (c) As to the above sales allowance, there was a new agreement between the Defendant and E around October 13, 201 with respect to the case released around February 2, 2010 (attached Form).

2. The main content is that E bears transportation expenses, and sales allowances are 1,400 won in the case of by-products (in the case of composts) and 1,900 won in the case of by-products (in the case of composts) and sales allowances are 1,900 won in the case of hereinafter referred to as “incrimination.” As a result of the above consultation, E has to bear 400 won in the average transportation expenses, and 800 won in the profit-making branch (E’s agency) and 200 won in the sales allowances. D. The sales contract of the instant goods was made in the form of responsible for selling after taking over the production quantity of the Defendant (Article 3 of the instant goods sales contract and the agricultural cooperative sales system).

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